M02-17-09
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MINUTES OF THE TOWN COUNCIL STUDY SESSION
FEBRUARY 17, 2009
The Town Council of the Town of Los Gatos conducted a Special Meeting on
Tuesday, February 17, 2009 at 6:00 P.M.
MEETING CALLED TO ORDER
ROLL CALL
Present: Mayor Mike Wasserman, Vice Mayor Diane McNutt,
Council Member Joe Pirzynski, Council Member Steve Rice,
Council Member Barbara Spector
Absent: None.
VERBAL COMMUNICATIONS
Mr. Davis
Questioned if there would be Public Comment during the Study Session
discussion.
Closed Verbal Communication
STUDY SESSION DISCUSSION
Land use policy issues for the potential redevelopment of the Los Gatos
Meadows located at 110 Wood Road.
Mayor Mike Wasserman recused himself from the Study Session due to the
location of his residence. Vice Mayor Diane McNutt chaired the discussion.
Staff report by Bud Lortz, Director of Community Development
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Open Public Comments
Mr. Gerber
Commented on Los Gatos Meadows redevelopment proposal for a
Continuing Care Retirement Community.
Commented on the number of units that have declined over the years and
that the existing units are very small.
Commented that the developer has conducted two years of studies to
determine the needs of the senior community at Los Gatos Meadows.
Commented on the square footage of the proposed master plan.
Mr. Morley
Commented on original permit usage and the size of the current units.
Commented that the current development is relatively hidden.
Commented that a concept plan was provided to the Conceptual
Development Advisory Committee last year and feedback was provided on
project and policy issues.
Commented that the proposed application has 259 units and 350 parking
spaces.
Commented on pushing the garage below grade to minimize height and
conceal all parking.
Commented that the removal of off-haul will have no impact on the downtown.
Commented on the retaining wall construction for the proposed application.
Commented that they have advised all surrounding neighbors of the proposed
redevelopment and will have extensive neighborhood outreach during the
process.
Commented on a community-wide survey and that positive feedback had
been received for the development.
Commented that the developers agree with the Hillside Standards Guidelines,
even though the Guidelines are not applicable to this property.
Commented that they believe Below Market Housing would not be required
for the proposed redevelopment, but Episcopal Senior Communities promotes
affordable housing.
Commented that green building and sustainability are critical elements in the
design of the proposed application.
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Public Comment – Continued
Mr. Gerber
Commented that the redevelopment project will be done in phases.
Commented that residents will have to be relocated off site and Episcopal
Senior Communities will work with the residents‟ concerns.
Commented on honoring all lifetime contracts for their residents.
Commented that they will provide custom plans for each resident.
Commented that Episcopal Senior Communities will fund the relocation of
residents during the redevelopment.
Requested Council feedback on policy, plans, and recommendations.
Clarified that Episcopal Senior Communities is regulated by the Department
of Social Services which allows senior community developments to enter into
lifetime contracts with residents.
Clarified that the lifetime contracts are not real estate transactions, but
contractual agreements which allow Episcopal Senior Communities to
guarantee care for the rest of the individual‟s life.
Mr. Korb
Clarified that Council is able to discuss the specific policy questions, but can
not discuss the proposal from the zoning prospective, density and
height issues, colors or any various matters that Council would normally
discuss within the context of the review of a specific application.
Council Comments
Requested clarification about alternative approaches under recommendation
#5.
Questioned how to give appropriate feedback related to height and mass of
the project.
Mr. Lortz
Commented that in terms of facilities, in order to move forward they will need
to balance the ratio in the number of units and the overall square footage.
Commented that at this time, Council should not be concerned with the
square footage of the existing project verses the proposed project, but to
make sure that the project is adequately addressed through the CQEA
process and does not significantly impact the site with issues such as
additional tree removal.
Mr. Korb
Suggested that Council should refrain from design and density issues and
stick with policy issues.
Council Comments
Recommended that Council focus on the six recommended actions.
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Public Comment – Continued
Mr. Davis
Commented on the monstrosity of the building on the hillside.
Commented on the view shed of the neighbors on the opposite ridge.
Commented that Mr. Lortz should not make recommendations on the
redevelopment project since he is not the Director of Community
Development.
Ms. Quintana
Questioned the Town‟s public noticing process for this study session.
Questioned why Public Comment was being heard prior to the Council
Discussion.
Commented that she feels that the proposed development should fall under
the Town‟s Hillside Design Standards and Guidelines.
Commented that she is not opposed of the existing use but feels there will be
significant land use impacts from the proposed project.
Mr. Larson
Clarified that the recommendations in the staff report were made by the Town
Manager.
Clarified that Public Comment is always taken prior to Council Discussion.
Commented that Mr. Lortz is currently the Director of Community
Development and will remain the director until March 16, 2009.
Commented that the project is outside of the Hillside Design Standards
and Guidelines.
Study Session Council Discussion
Discussion on recommendation #1
Suggested supporting the redevelopment of the Los Gatos Meadows.
Commented that Los Gatos Meadows proposed application is an appropriate
use for the property.
Commented on the need for senior housing in the community.
Discussion on recommendation #2
Commented that the Hillside Development Standards are elective, not
mandated to the application.
Commended the applicant for their willingness to support the Hillside
Standards and Guidelines.
ADJOURNMENT
Meeting adjourned to hold Board and Commission interviews.
Discussion will continue during the Regular Town Council meeting
of February 17, 2009.
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COMMISSION INTERVIEWS
Community Services Commission (2 vacancies, 1 Applicant being interviewed
tonight)
Michelle Thiebaud was interviewed for the Community Services
Commission.
The Town Council of the Town of Los Gatos conducted a Regular Meeting
on Tuesday, February 17, 2009 at 7:00 P.M.
TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY
MEETING CALLED TO ORDER
ROLL CALL
Present: Mayor Mike Wasserman, Vice Mayor Diane McNutt,
Council Member Joe Pirzynski, Council Member Steve Rice,
Council Member Barbara Spector
Absent: None.
PLEDGE OF ALLEGIANCE/COMMENDATION - Los Gatos Lions Club
John Lochner and the Los Gatos Lions Club sang “America” (My Country
„Tis of Thee.)
The Lions Club led the Pledge of Allegiance. The audience was invited to
participate.
Mayor Mike Wasserman presented a commendation to the Los Gatos
Lions Club for their contributions to the community.
CLOSED SESSION REPORT
ROSS CREEK vs. THE TOWN OF LOS GATOS
(Government Code Section 54956.9[a])
Mr. Korb stated that direction was given and no action was taken.
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Closed Session – Continued
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Properties: 1. APN 424.31.055
2. APN 529.28.005
3. APN 424.08.074
4. APN 424.18.041
5. APN 527.25.005
Negotiator: Greg Larson, Town Manager
Under negotiation: Price and terms
Mr. Korb stated that APN 529.28.005 was not discussed. Direction was given
and no action was taken.
BOARDS/COMMISSION/COMMITTEES APPOINTMENTS
Community Services Commission (2 vacancies, 4 applicants)
Michelle Thiebaud and Matt Guettler were appointed to the Community
Service Commission.
PRESENTATIONS
Government Finance Officers’ Association Award Certificate of
Achievement for Excellence in Financial Reporting (CAFR)
Mayor Mike Wasserman presented the Government Finance Officers‟
Association Award Certificate of Achievement for Excellence in Financial
Reporting (CAFR) to Steve Conway, Finance Director.
Santa Clara Valley Urban Run-Off Pollution Prevention Program
Storm Water Award
Ms. Carroll, Program Manager, West Valley Clean Water Program, presented
two awards from the California Storm Water Quality Association t o Mayor Mike
Wasserman.
Mayor Mike Wasserman accepted the awards on behalf of the Town of Los
Gatos and thanked Ms. Carroll for the Water Program‟s recognition.
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COUNCIL/TOWN MANAGER REPORTS
COUNCIL MATTERS
Mayor Mike Wasserman commented that long-time resident Mr. Knowlton
Shore passed away.
Commented on Mr. Shore’s community service to the Town.
Commented on Town Manager‟s birthday today and wished him a happy
birthday.
MANAGER MATTERS
Mr. Larson
Introduced the Town‟s Interim Economic Vitality Manager, Jessica
Van Borck.
Introduced Wendie Rooney, who will join the Town in March as Director of
Community Development.
Commented that Bud Lortz will then assume the position of Deputy Town
Manager to work on special projects.
Commented that the Police Department has reported increased auto thefts
over the past week and gave notice to the public to be aware and to lock their
vehicles.
Commented that the Town is in the midst of a storm event, and that the storm
drains have been cleaned regularly, and that staff is on-call to address storm
issues.
RE-OPENEDSTUDY SESSION
Mayor Mike Wasserman re-opened the study session and recused himself from
the meeting due to the location of his residence. Vice Mayor Diane McNutt
chaired the discussion.
Council Discussion
Discussion on recommendation #3
Commented on the Town‟s affordable housing requirements.
Requested clarification on the reference to the Health and Safety Code
1569.147b.
Mr. Lortz
Clarified that the Town is not agreeing that the affordable housing is not
required, but would like direction whether or no t off site opportunities exist.
Requested direction on whether an off site solution or joint project is an
appropriate mechanism to consider.
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Mr. Korb
Clarified that staff does take a position that the inclusionary housing
requirements of the Town Code do apply to this project.
Commented that there is a reference to the Health and Safety Code
Section 1569.147b in the materials presented by the applicant and that the
section generally prohibits cities from imposing rent control requireme nts
on senior housing projects.
Commented that the Town, through its conclusionary housing requirement
doesn't impose rent control on anyone, but requires that if a residential
development project is proposed that it is required to meet the Below
Market Program requirements.
Commented that in his opinion the Health and Safety Code Section does
not apply to this project.
Council Discussion
Commented that due to differing legal opinions, further studies need to be
made regarding the Town‟s Below Market Program ordinance and
requirements for the Los Gatos Meadows redevelopment.
Mr. Larson
Clarified that the legal requirement for the Below Market Program will be
addressed as the application moves forward.
Clarified that as part of the Below Market Program, the developer could
consider off-site Below Market Program units.
Council Discussion
Commented on supporting the consideration of off-site BMP housing.
Commented that the project is unique and will require unique solutions .
Commented on supporting the project and that it supports the community as a
whole.
Discussion on recommendation #4
Commented on supporting green building practices and sustainability.
Commented on encouraging LEED certification for the proposed project.
Council Discussion
Discussion on recommendation #5
Commented on upcoming design elements and that the project will evolve
throughout the process.
Commented on supporting staff flexibility for alternative approaches.
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Study Session – Continued
Discussion on recommendation #6
Commented on the importance of reviewing the strategy to allow the seniors
the least amount of disruption in their lives.
Commented that the relocation process is a critical piece of the plan.
Commented on the importance of outreach to the community as the
redevelopment moves forward.
Commented that the program presented in the staff report is a good start and
Council will continue to monitor the plan to ensure the extra level of care.
Meeting adjourned to the Regular Town Council Meeting at 7:45 p.m.
Mayor Mike Wasserman re-joined the meeting.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Ratify payroll for the month of January 2009.
2. Ratify accounts payable for the month of January 2009.
3. Adopt ordinance establishing Wild Land-Urban Interface Fire Area.
ORDINANCE 2173
4. Adopt amended Council Committee Appointments effective January,
2009.
5. Adopt resolution setting aside and voiding approvals of a request to
change the zone from R-1:8 to R-1:8 PD and to demolish a single
family residence; APN: 523-25-020 and 523-25-036; Planned
Development Application PD-05-02; Architecture and Site Application
S-06-050; Negative Declaration ND-07-07; and related subsidiary
applications; Property Location: 15881 Linda Avenue and 15950
Stephenie Lane. RESOLUTION 2009-012
6. PPW Job No. 08-14 - Town Plaza Fountain Filtration System Project.
a. Adopt resolution declaring Pacific Water Art Incorporated to be the
lowest responsible bidder on the project and award a construction
contract in the amount of $300,000. RESOLUTION 2009-013
b. Authorize staff to issue change orders to the contract as necessary
up to an amount of $4,000.
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Consent Items – Continued
7. PPW Job No. 09-03 Pollard Road Lighted Crosswalk Project.
a. Adopt resolution declaring Republic ITS to be the lowest responsible
bidder on the project and award a construction contract in the amount
of $58,400. RESOLUTION 2009-014
b. Authorize a budget adjustment in the amount of $10,000 from the
funds received from City of Campbell.
REDEVELOPMENT AGENCY
8. Ratify accounts payable for the month of January 2009.
TOWN COUNCIL/REDEVELOPMENT AGENCY
9. Approve Council/Agency minutes of February 2, 2009.
10. PPW Job No. 07-22 - Los Gatos/Monte Sereno Police Operations
Building Facility Project 821-2401 Adopt resolution authorizing Town
Manager to execute an amendment to the professional services
agreement with Ross Drulis Cusenbery Inc., to provide construction
support services in an additional amount not to exceed $35,100.
RESOLUTION 2009-015
Mr. Davis pulled Consent Items #5 and #9.
Mayor Mike Wasserman stated that the pulled Consent Items would be heard
after Other Business.
Council Member Joe Pirzynski requested amendments to pages 7 and 9 from
the February 2, 2009 Town Council/Agency Minutes. Amendments include:
Page 7 – Change Carlton Avenue to Gateway Drive
Page 9 - Change bullet to read: Would like to see a 4 lane road from
Gateway Drive to Blossom Hill Road.
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Consent Items – Continued
MOTION: Motion by Council Member Steve Rice to approve Consent
Items #1-4, #6-8, and #10 and to include the requested
amendments to the minutes of February 2, 2009.
Seconded by Council Member Barbara Spector.
VOTE: Consent Items #1, #2, #4, #6-8, and #10 carried unanimously.
Consent Item #3 carried 3/0. Mayor Mike Wasserman and
Council Member Steve Rice recused themselves due to the
location of their residences.
VERBAL COMMUNICATIONS
Mr. Davis
Stated that Mayor Mike Wasserman violated the Brown Act.
Commented on the rules of the Brown Act.
Commented on the Intent to Circulate Petitions, including one on Term
Limits for council members.
Mr. Thrall
Commented about raising awareness of the issue of teen suicide.
Invited the Council, staff, and the community to attend suicide prevention
training on Saturday, February 21st at the Los Gatos Methodist Church.
Mr. Crites
Commented on the Ross Creek Development and stated that the property
is flagged as a flood plain area.
Commented that the project density is far greater than the developer
calculated.
Commented on concerns over the recommended 100‟ setback.
Urged Council to reverse the approval and ask the developer to redesign
the project.
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OTHER BUSINESS
11. FY 2008/09 Mid-Year Budget Performance and Status Report - Six
Months ending December 31, 2008.
a. Accept 2008/09 Mid-Year Second Quarter Budget Performance Status
Report, including FY 2008/09 Fiscal Year Financial Projections
b. Authorize budget adjustments as recommended in the attached
second quarter budget performance report
Staff report made by Steve Conway, Finance Director.
Council Comments
Requested clarification on the amount of surplus funds used to calculate
the revenue stabilization reserve.
Requested clarification on the category "Other" under the projected sales
tax revenues.
Mr. Conway
Clarified some of the retail generators that are included in the "Others"
category for sales tax revenues.
Council Comments
Requested clarification regarding State budget cuts and sales tax
increase, and if those would be included in the Town‟s budget.
Mr. Conway
Clarified that if the detailed information becomes available early enough it
will be included in the Town‟s proposed budget.
Council Comments
Questioned where the $100,000 would be coming from to fund the railroad
related project and Plaza Park turf renovation.
Commented on the revenue from the sale of Vasona and questioned
when the $6 million would become a line item and not shown as a General
Fund item.
Questioned the parking citation revenue increase.
Chief Seaman
Clarified that the parking program revenues have increased due to the
department filling Parking Control Officer positions.
Council Comments
Commented on the increase in development activity fees and staffing
adjustments.
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Other Business Item #11 - Continued
Mr. Larson
Clarified the process for the fee increases to the Community Development
Department.
Council Comments
Requested that information from the County Assessor‟s Office on pre-
Proposition 13 homes be agendized to the March 7th retreat if possible.
Requested information on sales tax leakage for Los Gatos.
Open Public Comment
Mr. Davis
Commented that the earned interest from the $6 million goes towards
recreation, not open space, as stated by Mr. Conway
Commented that the Town should not worry about NetFlix in their budget
discussions.
Closed Public Comments
Council Discussion
Commended staff for the depth and clarity of the report that reflects the
recent changes in the Town‟s economic situation.
Supported making the revenue adjustments as recommended.
MOTION: Motion by Council Member Barbara Spector to approve
FY 2008/09 Mid-Year Budget Performance and Status
Report - Six Months ending December 31, 2008 and to
include:
a. Accept 2008/09 Mid-Year Second Quarter Budget
Performance Status Report, including FY 2008/09 Fiscal
Year Financial Projections.
b. Authorize budget adjustments as recommended in the
attached second quarter budget performance report.
Seconded by Council Member Joe Pirzynski.
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Other Business Item #11 - Continued
Council Discussion
Suggested to breakout the "Other" category, and add "Downtown Retail"
and "Other Sources."
Would like to see the $6 million plus the interest earned removed from
General Fund revenue and be shown as a separate line item.
Questioned if the 23 defunded fulltime positions listed on Page 3 of the
staff report are compared to the same number of positions listed in the
2001-2002 budget.
Questioned the projection of General Fund revenue.
Mr. Conway
Commented that the numbers have changed and that the 23 defunded
positions are the latest count.
Commented that each year had a different authorized position count and
that in 2001 Council suggested defunding positions until the economy
became more stable.
Council Discussion
Would like to see the list of defunded positions be updated or eliminated
from the books.
Would like more information about the positions and impacts to service
levels.
Commended staff for including Internet retail sales taxes.
VOTE: Motion passed unanimously.
PULLED CONSENT ITEMS
5. Adopt resolution setting aside and voiding approvals of a request to
change the zone from R-1:8 to R-1:8 PD and to demolish a single family
residence; APN: 523-25-020 and 523-25-036; Planned Development
Application PD-05-02; Architecture and Site Application S-06-050; Negative
Declaration ND-07-07; and related subsidiary applications; Property
Location: 15881 Linda Avenue and 15950 Stephenie Lane.
RESOLUTION 2009-012
9. Approve Council/Agency minutes of February 2, 2009.
Mr. Davis
Commented that Council relied on the CEQA interpretations that were
false.
Commented that the minutes did not accurately reflect his statements.
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Pulled Consent Items – Continued
MOTION: Motion by Council Member Steve Rice to approve
Consent Items #5 & #9.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
Mr. Korb, Town Attorney
Commented that Mayor Mike Wasserman did not violate the Brown Act.
Stated Government Code Section 54954.2 subsection A2 which reads,
"No action or discussion shall be undertaken on any item not appearing on
the posted agenda, except that members of a legislative body or its
staff may briefly respond to statements made or questions posed by
persons exercising their public testimony rights under Section 54954.3."
ADJOURNMENT
Attest:
/s/ Jackie D. Rose, Clerk Administrator